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Decentralization and Constitutionalism in Africa

Edited by: Charles M. Fombad, Nico Steytler

ISBN13: 9780198846154
Published: September 2019
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £167.50

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This collection of essays examines the efforts of African governments to bring regional governance mechanisms into their constitutions. Since the end of the Cold War jurisdictions across Africa have witnessed a return to multi-party democracy within the paradigm of constitutionalism and the rule of law. In order to promote constitutionalism during the 1990s many countries took steps to decentralize power by departing from the heavily centralized systems inherited from colonial regimes. The centralization of power, typically characterized by the personalization and concentration of power in the hands of leaders and privileged elites in capital cities, was a crucial factor in enabling repressive regimes. Since the independence movement of the 1960s, African governments have sought to disperse and share powers at all levels of society.

This volume examines a variety of forms and degrees of decentralization found across Africa. It advances a new understanding of trends and patterns and facilitates the exchange of ideas among African governments still in the throes of democratization.

Other Jurisdictions , Africa
Introduction, Charles M. Fombad
Part I: Introductory Overview
1: The Relationship between Decentralization and Constitutionalism in Africa: Concepts, Conflicts, and Hypotheses, Nico Steytler
2: Ethnicity, Decentralization, and Constitutionalism: A Comparative Perspective, Yash Ghai
3: Regional and Continental Frameworks for Decentralization in Africa: The African Charter on Decentralization, Charles M. Fombad
Part II: Federal and Hybrid Federal Systems in Africa
4: Constitutional Infidelity and Federalism in Nigeria, Rotimi T. Suberu
5: A Federation without Federal Credentials: The Story of Federalism in a Dominant Party State, Yonatan Fessha
6: The Dynamic Relationship between Devolution and Constitutionalism in South Africa, Nico Steytler
7: Regionalizing Provinces under the Congolese Constitution of 18 February 2006: Progress and Challenges, Balingene Kahombo
8: Implementation of Devolution under Kenya's 2010 Constitution: Political Resistance and the Struggle for the Ideals of Constitutionalism, Conrad M. Bosire
9: Constitutionalism: The Missing Element in South Sudan's Elusive Quest for Peace through Federalism?, Zemelak Ayitenew Ayele
Part III: Decentralisation, Local Government, and Constitutionalism
10: Constitutionalisation of Local and Regional Government in South Africa, Uganda, and Lesotho, Jaap de Visser
11: Decentralization for Participatory Governance under Ghana's 1992 Constitution: The Rhetoric and the Reality, Kofi Quashigah
12: Decentralization and Constitutionalism in Zimbabwe: Can the Leviathan be Tamed?, Tinashe Chigwata
13: Cameroon and the Anomalies of Decentralization with a Centralist Mindset, Charles M. Fombad
14: Decentralised Territorial Entities and Promotion of Local Governance under the Constitution of 18 February 2006 in the Democratic Republic of the Congo, Joseph Hengelela Cihunda
15: The Concept and Implementation of 'Gradual Decentralization' in Mozambique, André Thomashausen
16: Progress and Pitfalls in Constitutional Reform: Decentralization in the Wake of the Arab Spring in Egypt and Tunisia, Sherif Elgebeily
17: Subnational Constitutional Autonomy, Local Government, and Constitutionalism in Ethiopia, Christophe Van der Beken
Part IV: Traditional Institutions and Decentralisation
18: Constitutionalisation of Traditional Authorities and the Decentralization of Governance: Anglophone and Francophone Africa Compared, Jan Erk
19: Mapping Traditional Leadership and Authority in Post-Apartheid South Africa: Decentralization and Constitutionalism in Traditional Governance, Christa Rautenbach
20: The Tinkhundla Decentralization System: Is this a Blend of Traditional and Modern State Governance that Works?, Musa Njabulo Shongwe
Part V: General Conclusion
21: The Symbiotic Relationship between Decentralization and Constitutionalism in Africa, Nico Steytler